DSS patent

Discussion in 'Hydrodynamics and Aerodynamics' started by Vector77, Apr 12, 2015.

  1. lobsterman
    Joined: Mar 2004
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    lobsterman Junior Member

    There are several types +/or classifications of patents, and overall they are pretty easy to get around for most items, by simply changing one small aspect of a previous invention, then file your own claim for a patent with specific claims of how it is different, or how it is an improvement over previous models or versions. (a design patent is the cheapest and easiest to file). But the key is that the patenting process and your legally protected patent pending status for your version of an invention can go on for a very long time, and even if it is eventually denied it can be appealed and resubmitted with corrections or alterations, which restarts the process, and can get you years in the marketplace with your "patent pending" product, without any fear of any patent infringement lawsuits.
     
  2. philSweet
    Joined: May 2008
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    philSweet Senior Member

    Nope, a patent stands on its own. An application has no bearing on whether or not you have violated an existing patent. It is decided by the Federal Courts, not the Patent Office. A patent application can have a bearing on whether or not a state court feels it should handle a case or not, but this would involve something like a contract dispute with a patent issue, not a patent protection action.
     
  3. lobsterman
    Joined: Mar 2004
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    lobsterman Junior Member

    Any changes, alterations, or different features on an existing product, can make it a different product, and therefor it is not infringing upon another patent. (although the other patent should be cited in any patent applications, stating how it is different or an improvement upon any previous patents).
     
  4. Zulu40
    Joined: May 2015
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    Zulu40 Junior Member

    not so
    what you patent is the innovation or 'idea'
    not the measurements of the idea
     
  5. Ben G
    Joined: Jun 2013
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    Ben G Junior Member

    That's what I thought.. but looking at the patent, it's all about the measurements of the idea. I imagine the novelty of this idea is pretty weak, so they're falling back on the parameters of its implementation to try and narrow the space.
     

  6. Zulu40
    Joined: May 2015
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    Zulu40 Junior Member

    That simply impossible to do so, for the dimensioning will change by a scale subject to cube root laws, affected by the size and weight of the boat.

    all that is left is 'the idea', where as I believe the 'prior art' will be against them

    Having or beholding a patent doesnt mean that patent will be effective if a legal challenge were made.
     
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